### AGENDA

**RULES REVIEW COMMISS ION**  **Thursday**

**, December 19, 2013**  **10 :00 A.M** 

**. 1711 New Hope Church Rd., Raleigh, NC 27609** 

I. Ethics reminder by the chair as set out in G.S. 138A

- 15(e)

II. Approval of the minutes from the last meeting

I II

. Review of Log of Filings (Permanent Rules) for rules filed between October 22

, 2013 an d November 20, 2013

I V. Review of Log of Filings (Temporary Rules) for any rule filed within 15 business days of the RRC Meeting

V. G.S. 150B

- 19.1 Certification

A. Board of Agriculture
– 02 NCAC 20B .0104 (Hammond)

B. Board of Agriculture
– 02 NCAC 37 .0202 (Hammond)

C. Private Protective Services Board
– 12 NCAC 07D .0901 (Hammond)

D. Cr iminal Justice Education and Training Standards Commission
– 12 NCAC 09A .0108 (Hammond)

E. Cr iminal Justice Education and Training Standards Commission
– 12

NCAC 09B .0311 (Hammond)

F. Cr iminal Justice Education and Training Standards Commission
– 12

NCAC 09C .0217 (Hammond)

G. Cr iminal Justice Educati on and Training Standards Commission
– 12

NCAC 09 C .0 218, .0220 (Hammond)

H. Criminal Justice Education and Training Standards Commission
– 12 NCAC 09F .0102 (Hammond)

VI. Commission Business

• Next meeting: January 16 , 201 4

### REQUEST FOR TECHNICAL CHANGE

AGENCY: Environmental Management Commission

RULE CITATION: 15A NCAC 02D .1002

DEADLINE FOR RECEIPT: Friday, December 13, 2013

NOTE WELL: This request when viewed on computer extends several pages. Please be sure you

have reached the end of the document.



### The Rules Review Commission staff has completed its review of this rule prior to the Commission's next meeting. The Commission has not yet reviewed this rule and therefore there has not been a determination as to whether the rule will be approved. You may call this office to inquire concerning the staff recommendation.

In reviewing these rules, the staff determined that the following technical changes need to be

made:

My understanding of the idea behind this amendment is as follows: right now, only the current model year vehicle is exempt from emissions inspection where such inspection is required by G.S. 143-215.107A. Under the new provisions of G.S. 20-183.2, as amended by S.L. 2012-199, the intent is to allow the three most recent model year vehicles with less than 70,000 miles to become exempt as well. However, in order for that change to take effect, the state rules must be in place, the Commissioner of the DMV must certify replacement of a system and the EPA must approve the change. Is

that correct?

Therefore, the language in Paragraph (c) cannot take effect at this time. How will the regulated public know when that can take effect? Also, do you need the language “Beginning January 1, 2014 or” since the change should not take effect by that date? Or do you need to retain it for federal approval?

Is the language in this Rule governing only the Rule or the Section of Rules (15A NCAC Section .1000 is “Motor Vehicle Emission Control Standard.”) My reading of this Rule is that the Section is applicable to some vehicles and not others and in some places. I think the other rules in the Section govern the actual emissions testing, so I think many places where you use “Rule” you mean “Section.”

I think the language in this Rule should be simplified. For instance, there is no reason to repeat that motorcycles and the current model year are exempt in Paragraphs (a) and then (d) and (b) respectively. Why not merge the first two sentences of (a) with part of (b) and begin the Rule:

(a) This Section is applicable to all gasoline-powered and hybrid-powered motor

vehicles for model years 1996 or more recent model years, excluding the current model year, and applies to all vehicles that are:

In Subparagraphs (a)(1) through (3), you are citing part of G.S. 20-183.2(b)(5). Why do you not include the other categories in the statute?

Amanda J. Reeder

Commission Counsel

### On line 23, do not underline and strike through the same language. Please remove the underline and place brackets around “As of”

On line 26, state, “this Rule shall apply ”

In (e), state “of this Section shall become effective...”

In the History Note, put the statutes in numerical order.

Please retype the rule accordingly and resubmit it to our office at 1711 New Hope Church Road, Raleigh, North Carolina 27609.

Of course, this will also require conforming changes to the attached copies of the rule. Please check to see that this paperwork is in order and is returned along with the revised rule.

Amanda J. Reeder

Commission Counsel

### REQUEST FOR TECHNICAL CHANGE

AGENCY: Environmental Management Commission

RULE CITATION: 15A NCAC 02D .1003

DEADLINE FOR RECEIPT: Friday, December 13, 2013

The Rules Review Commission staff has completed its review of this rule prior to the Commission's next meeting. The Commission has not yet reviewed this rule and therefore there has not been a determination as to whether the rule will be approved. You may call this office to inquire concerning the staff recommendation.

In reviewing these rules, the staff determined that the following technical changes need to be

made:

Do you really intend for this rule to apply to only 5 rules, and not the entire section, including Rules .1008 and .1010? I don’t think that you do, but if you do, strike “throughout this Section:” on line 5.

On line 8, please switch the order of the wording so it reads, “Gross Vehicle Weight Rating (GVWR).” It makes more sense to introduce the phrase and then the acronym.

On Page 1, line 11, change “which” to “that”

Items (3) and (4) repeat the statutory definition. Since Items (7) and (8) just refer to the statute, why aren’t you doing that here?

If you are keeping the language in (4), please delete the language in lines 26-27 “as

defined in subdivision d1 of this subsection”

In Item 6, should the term read, “Hybrid-powered motor vehicle”?

In Items (7) and (8), insert “means” so it reads consistently with the rest of the

definitions.

You are not defining “current model year,” but you use it in Rules in the Section. Are you at all concerned there may be confusion about this term?

In Item (11), change the citation on line 10 to “Rule .1005 of this Section.”

In the History Note, just state 20-4.01 and put the citations in numerical order.

Please retype the rule accordingly and resubmit it to our office at 1711 New Hope Church Road, Raleigh, North Carolina 27609.

Of course, this will also require conforming changes to the attached copies of the rule. Please check to see that this paperwork is in order and is returned along with the revised rule.

Amanda J. Reeder

Commission Counsel

### REQUEST FOR TECHNICAL CHANGE

AGENCY: Environmental Management Commission

RULE CITATION: 15A NCAC 02D .1005

DEADLINE FOR RECEIPT: Friday, December 13, 2013

The Rules Review Commission staff has completed its review of this rule prior to the Commission's next meeting. The Commission has not yet reviewed this rule and therefore there has not been a determination as to whether the rule will be approved. You may call this office to inquire concerning the staff recommendation.

In reviewing these rules, the staff determined that the following technical changes need to be

made:

I do not think you need to recite the contents of Rule .1002 in Paragraph (a). Just state, “This Rule shall apply to all vehicles set forth in Rule .1002 of this Section.”

Throughout the Rule, do you mean to incorporate the CFR citations by reference under G.S. 150B-21.6? Do you want to include subsequent updates or just keep them as they

are now?

In Paragraph (c), line 13, you state the codes are in 40 CFR 85.2223(b). However, that portion of the CFR does not have any codes; it is reserved. Insert the correct citation.

Also in (c), line 13, I take it your regulated public knows what the “status of the malfunction indicator light illumination command” means?

In your History Note, I don’t think you need to retain the reference to S.L. 1999 c. 328, s. 3.2, which told the EMC to conduct rulemaking to implement G.S. 143-215.107A.

Please retype the rule accordingly and resubmit it to our office at 1711 New Hope Church Road, Raleigh, North Carolina 27609.

Of course, this will also require conforming changes to the attached copies of the rule. Please check to see that this paperwork is in order and is returned along with the revised rule.

Amanda J. Reeder

Commission Counsel

### REQUEST FOR TECHNICAL CHANGE

AGENCY: Environmental Management Commission

RULE CITATION: 15A NCAC 02D .1006

DEADLINE FOR RECEIPT: Friday, December 13, 2013

The Rules Review Commission staff has completed its review of this rule prior to the Commission's next meeting. The Commission has not yet reviewed this rule and therefore there has not been a determination as to whether the rule will be approved. You may call this office to inquire concerning the staff recommendation.

In reviewing these rules, the staff determined that the following technical changes need to be

made:

In proposed Paragraph (a), the equipment must meet the requirements of 40 CFR 85.2231. However, (b) and (c) govern if the equipment doesn’t meet the requirement. What is the penalty for failing to meet the requirement of (a)? Or are (b) and (c) intended to convey that if the equipment stops meeting the requirements of the CFR, the vendor must take the following steps?

In proposed Paragraphs (b) and (c), the EMC proposed repealing a lot of language and decided to not do that. Why is that?

Paragraph (b) is called “Hardware repair and software repair.” Paragraph (c) is called “Software repair revisions.” What is the difference? From my reading of (b), it seems that this Paragraph governs equipment software and (c) is for analyzing software. Are those different? I think you should make it clearer in (b) what you are referring to in the opening title.

On Page 1, lines 13 and 25, do you mean “receiving a call from its respective service

call center"?

I think the language on lines 15-17 be its own subparagraph, so you’d have 3 subparagraphs under (b).

Also, all of (b)(1) and (2) were proposed for repeal when published. Please highlight the changes for all of the language.

On line 13, underline “(a)”

On line 24, I believe you mean to change the reference from Paragraph “(b)” to “(a)”

As I understand (c), if the program running the software fails, the vendor must submit it to the Division for approval (finding the program meets the requirement of this Rule)? And once approved, it must send the new program to all impacted stations? And that is why (c) requires notifying the Division but (b) does not?

On Page 1, line 28, state “action; and”

Amanda J. Reeder

Commission Counsel

### On Page 2, move (3) to the left margin so it’s just a continuation of the Paragraph and not a Subparagraph.

On Page 2, line 3, do you mean to change the reference to Paragraph (a)?

Page 2, line 4, this language was initially Paragraph (e). Please make sure you show

the deletion of that.

Please retype the rule accordingly and resubmit it to our office at 1711 New Hope Church Road, Raleigh, North Carolina 27609.

Of course, this will also require conforming changes to the attached copies of the rule. Please check to see that this paperwork is in order and is returned along with the revised rule.

Amanda J. Reeder

Commission Counsel

### NORTH CAROLINA

ENVIRONMENTAL MANAGEMENT COMMISSION

512 N. Salisbury Street Archdale Building - Ground Floor Hearing Room Raleigh, North Carolina

January 9, 2014

9:00 a.m.

General Statute § 138A-15 mandates that the Chai rman inquire as to whether any member knows of any known conflict of interest or appearance of conflict with respect to matters before the Commission. If any member knows of a conflict of in terest or appearance of a conflict, please so

state at this time.

Benne C. Hutson, Chairman, Presiding

I. Preliminary Matters

1. Call to Order

2. Swearing-In Ceremony

3. Approval of minutes from November 12, 2013 Commission Meeting

II. Action Items

1. 14-01 Request for Approval of Correction to Inspection/Maintenance p 1
(IM) Rules Revision (DAQ) Steve Schliesser

Attachment A – Rule 02D 1003 pp A1-2

2. 14-02 Request to Proceed to Pub lic Hearing with the Proposed pp 1-2 Reclassification of a Segment of the Green River (including Lake Adger) in Polk County to Class WS-IV
(DWR) Elizabeth Kountis

Attachment A – Lake Adger Proposed WS – Memo p A1

Attachment B – Lake Adger Proposed WS – 6 2013 Map p B1

Attachment C – Lake Adger Proposed WS – OSBM pp C-8

Approved Fiscal Note

POWERPOINT PRESENTATION

1

### 3. 14-03 Request Approval of Delegat ion of the Neuse Buffer p 1 Program to Johnston County and Delegation of Further Approval Authority for Previously Delegated Local

Governments in the Neuse and Tar-Pamlico Basins to the

Director
(DWR) Jennifer Burdette

Attachment A – Johnston County Delegation Request pp A1-2

Attachment B – Johnston County Delega tion Ordinance pp B1-26

Attachment C – Johnston County Delegation Summary p C1

Attachment D – Neuse Tar-Pamlico Revision Delegation p D1

4. 14-04 Approval of NCDOT’s Falls Lake New & Existing p 1 Development Stormwater Management Program and Delegation of Further Approval Authority to the DWR

Director
(DWR) John Huisman

Attachment A – NCDOT Falls Lake Stormwater Management pp A1-74
Program

POWERPOINT PRESENTATION

5. 14-05 Request for Approval to Proceed to Publication and Public Comment and Hearing for Changes to

Rule 15A NCAC 02H .1002
(DEMLR) Tracy Davis

Attachment A –15A NCAC 02H (revised copy) pp A1-3

Attachment B – 15A NCAC 02H (redline) pp B1-3

Attachment C – 2013-12-20 EMC Statement GRAVEL p C1

III. Information Items

1. 14-01 Annual Progress Reports on the Tar Pamlico River, Neuse p 1 River, and Falls Lake Agriculture Rules
(DWR) John Huisman

Attachment A – Final 2013 Tar Pamlico CY2012 pp A1-13 Annual Report

Attachment B – Neuse BOC Final Neuse CY2012 pp B1-13 Annual Report

Attachment C – Falls Lake Ag Report CY2012 pp C1-12

POWERPOINT PRESENTATION

2. 14-02 Nutrient Criteria Development Plan
(DWR) Dianne Reid

2

### 3 3. 14-03 Update on Special Air Permit A ppeals Committee – Parties Agreed to Extend Date for Final Agency Decision to May 9, 2014

IV. Concluding Remarks

By Commission Members By Directors By Counsel By Chairman

Adjournment 01-09-14

### Agenda Item: 14-01 Request for Approval of Correction to Inspection/Maintenance (IM) Rules
Revision (517a)

Explanation : The Environmental Management Commission (EMC) is requested to approve a correction of the recently approved amendments on the exemption of certain motor vehicles from emission inspections.

Rule amendments incorporating Session Law 2012 -199 were approved in the November 2013 EMC meeting to amend the existing rule’s exclusion of the current model year f rom emission s inspection to exclude vehicles of the three most recent model years with less than 70,000 miles on its odometer. This change directly involved amending four rules:

• 

### 15A NCAC 02D .1002, Applicability;

• 

### 15A NCAC 02D .1003, Definitions;

• 

### 15A NCAC 02D .1005, On-Board Diagnostic Standards; and

• 

### 15A NCAC 02D .1006, Sale and Service of Analyzers

However, there was an inadvertent inconsistency in the Rule 02D .1003 language between Chapter 1 - Summaries and Recommendations, and Chapter II

– Amended Rules. A clerical error was made by not including

the four-word phrase “ or the registration card” in the definition of the new term “three most recent model years” in Chapter II paragraph 10 as it was included correctly in Chapter I. The correct definition should read “ For the purposes of this section, the term “Three most recent model years” shall be calculated by adding three years to the vehicle’s model year
obtained from the Vehicle Identification Number (VIN) or the registration

card to determine the first calendar year an emissions inspection is required.”

Recommendation : The Director recommends that the Commission approve the correction in

Rule 02D .1003.

### ATTACHMENT A

1

2

3 15A NCAC 02D .1003 is amended with changes as published in 28:04 NCR 329-330 as follows:

15A NCAC 02D .1003 DEFINITIONS

The following definitions of terms apply to Rules [02D ] .1002 through [02D ].1006 of this Section regulating 

### 4

gasoline-powered and hybrid-powered motor [vehicles ] throughout this Section: vehicles: 

### 5

6

7 (1) "Heavy-duty Gasoline Vehicle" means a gasoline-powered and hybrid-powered motor vehicle

which is designed primarily for:



### 8 (a) transportation of property and has a GVWR (Gross Vehicle Weight Rating ) Gross



### 9 Vehicle Weight Rating (GVWR) of more than 8,500 pounds. pounds but less than 14,001



### 10

11 pounds;

(b) transportation of persons and has a capacity of more than 12 persons; or



### 12

13

14 (c) use as a recreational motor vehicle

, which vehicle that is designed primarily to provide

temporary or permanent living quarters for tr avel, camping, or other recreational use and

has a GVWR of more than 8,500 pounds.



### 15

16

17

18 (2) "Light-duty Gasoline Vehicle" means a gasoline- powered and hybrid-powered motor vehicle

which is designed primarily for:

(a) transportation of property and has a GVWR of 8,500 pounds or less; or

(b) transportation of persons and has a capacity of 12 persons or less.



### 19 (3) "Motor Vehicle" means any self

- propelled vehicle used for transporting property or persons.



### 20 [every vehicle which is self

- propelled and every vehicle designed to run upon the highways which



### 21 is pulled by a self

- propelled vehicle ] as defined in G.S. [20

- 4.01( 23 ) .] 20-4.01.



### 22 (4) "Motorcycle" means any motor vehicle having a seat or saddle for the use of the rider and



### 23 designed to travel on not more than three wheels in contact with the ground. [s addle for the use of



### 24 the rider and designed to travel on not more than three wheels in contact with the ground,



### 25 including motor scooters and motor

- driven bicycles, but excluding tractors and utility vehicles



### 26 equipped with an additional form of device designed to transport property, three

- wheeled vehicles



### 27 while being used by law

- enforcement agencies and m opeds as defined in subdivision d1 of this



### 28 subsection” ] as defined in G.S. [20

- 4.01( 2 7 ) d

. ] 20-4.01.



### 29 (5) “Gasoline-powered Motor Vehicle” means a four-w heeled motor vehicle designed primarily to be



### 30 propelled by the burning of gasoline in an internal combustion engine.



### 31 (6) “Hybrid-powered Motor Vehi cle” means a four-wheeled motor vehicle designed to be propelled



### 32 by a combination of one or more electric motors and the burning of gasoline in an internal



### 33 combustion engine.



### 34 (7) “Plug-in Electric Vehicle” as defined in G.S. [20

- 4.01( 2 8a)

. ] 20-4.01.



### 35

36 (8) “Fuel Cell Electric Vehicle” as defined in G.S. [20

- 4.01( 1 2 a)

. ] 20-4.01.



### 1

### ATTACHMENT A

2 (9) “Model year ” means the year used to designate a disc rete vehicle model, irrespective of the 

### 1

calendar year in which the vehi cle was actually produced, provided that the production period 

### 2

does not exceed 24 months. 

### 3

[(10)] [“Current model year means the most recent year used to designate a discrete vehicle model, 

### 4

irrespective of the calendar year in which the ve hicle was actually produced, provided that the 

### 5

production period does not exceed 24 months. ] 

### 6

(10) [(11) ]“Three most recent model [years” means the current (first) model year and the second and third 

### 7

model years following the current model year .] years.” For the purposes of this section, the term 

### 8

“Three most recent model years” shall be calculate d by adding three years to the vehicle’s Vehicle 

### 9

Identification Number (VIN) or the registration ca rd model year to determine the first calendar 

### 10

year an emissions inspection is required. 

### 11

(11) [(12 ) ]“Vendor" means any person who sells or leases e quipment to inspection stations that is used to 

### 12

perform on-board diagnostic tests to show compliance with Rule [02D ] .1005 of this Section. 

### 13

14

History Note: Authority G.S. 20

- 4.01 (12a) ; 20

- 4.01 (28a) 

### ; 20-4.01; 143-215.3(a)(1); 

### 15

Eff. December 1, 1982, 

### 16

Amended Eff. January 1, 2014. 

### 17

18

19

20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42

43

44

### AGENDA

**RULES REVIEW COMMISS ION**  **Thursday**

**, January 16, 201**  **4 10**  **:00 A.M**

**. 1711 New Hope Church Rd., Raleigh, NC 27609** 

I. Ethics reminder by the chair as set out in G.S. 138A

- 15(e)

II. Approval of the minutes from the last meeting

III. Follow

- up matters:

A. NC Rural Electrification Authority
– 04 NCAC 08 .0101, .0102, .0107,
.0108, .0109, .0110, .0111, .0112, .0201, .0202, .0203, .0204, .0205,
.0206, .0207, .0208, .0209, .0210, .0211, .0212, .0301, .0302, .0303,
.0305, .0306, .0307, .0308, .0309, .0310, .0311, .0312, .0401, .0404 ( Reeder )

B. Home Inspector Licensure Board – 11 NCAC 08 .1202, .1203, .1204,

.1205 ( Hammond )

C. Environmental Management Commission
– 15A NCAC 02D .1003 (Reeder)

D. Board of Occupational Therapy
– 21 NCAC 38 .0301, .0802 (Reeder)

IV. Review of Log of Filings (Permanent Rules) for rules filed between November 21

, 2013 and December 20, 2013

V. G.S. 150B

- 19.1 Certification

E. Department of Justice; Company and Campus Police
– 12 NCAC 0 2I

. 0101, .0102, .0104, .0202, .0203, .0204, .0205, .0206, .0208, .0210,
.0211, .0212, .0213, .0214, .0304, .0306 , .0501 (Reeder)

VI. Review of the 2014 State Medical Facilities Plan

VII. Commission Business

• Public Hearing: RRC proposed Rules 26 NCAC 05 .0201

- .0210

• Special meeting scheduled for review of Temporary Rules: January 29, 2014

at 9 :30 a.m.

• Next regularly scheduled meeting: February 20 , 201 4 at 10 a.m.

### RULES REVIEW COMMISSION MEETING

MINUTES **January 16, 2014**

The Rules Review Commission met on Thursday, January 16, 2014 , in the Commission Room at 1711 New Hope Church Road, Raleigh, North Carolina. Commissioners present were: Anna Choi, Margaret Currin, Garth Dunklin, Jeff Hyde

, Stephanie Simpson and Ralph Walker

.

Staff memb ers present were: Commission Counsels Amanda Reeder and Abigail Hammond ; and Molly Masich, Dana Vojtko, Julie Brincefield

, and Tammara Chalmers.

The meeting was called to order at 10:0 0 a.m. with Vice

- Chairman Currin presiding. She read the notice required by NCGS 138A

- 15(e) and reminded the Commission members that they have a duty to avoid conflicts of interest and the appearances of conflicts

.

APPROVAL OF MINUTES

Vice

- Chairman Currin asked for any discussion, comments, or corrections concerning the minutes of

the December 19 , 2013 meeting

. There were none and the minutes were approved as distributed

FOLLOW

- UP MATTERS NC Rural Electrification Authority 04 NCAC 08 .0101, .0102, .0107, .0108, .0109, .0110, .0111, .0112, .0201, .0202, .0203, .0204,
.0205, .0206, .0207, .0208, .0209, .0210, .0211, .0212, .0301, .0302, .0303, .0305, .0306, .0307,
.0308, .0309, .0310, .0311, .0312, .0401, .0404 - There has been no response from the agency and

no action was taken.

Home Inspector Licensure Board All rules were unanimously approved.

Environmental Management Commission

The rule was unanimously approved.

Board of Occupational Therapy

Both rules were unanimously approved.

LOG OF FILINGS

Vice

- Chairman Currin presided over the review of the log of permanent rules.

Child Care Commission The Commission extended the period of review on 10A NCAC 09 .0302, .1702, .2506, .2701, .2702,
.2703, .2704 and .2903 in accordance with G.S. 150B

- 21.13. The Commission extended the period of review to allow the Child Care Commission additional time to review staff’s Request for Technical Changes.

Commission for Mental Health The Commission objected to Rule 10A NCAC 27G .0504 based on lack of statutory authority, as there does not appear to be any authority for the Commission for Mental Health, Development al Disabilities and Substance Abuse Services to alter the language of G.S. 122C

- 64 as set forth in Subparagraph (b)(5) of the Rule.

W. Denise Baker with the agency addressed the Commission.

### Criminal Justice Education and Training Standards Commission

All rules were unanimously approved.

Sheriffs' Education and Training Standards Commission All of the rules were unanimously approved with the following exception:

The Commission objected to Rule 12 NCAC 10B .1901 based on lack of statutory authority to abrogate the statute by requiring the military trained applicant to have a Military Occupational Specialty or equivalent training, testing or completed a military training of program, when both are required by the law. Further, the Rule is unclear what will constitute equivalent experience for this

licensure.

Marine Fisheries Commission All of the rules were unanimously approved with the following exceptions:

15A N CAC 03J .0207 and 15A NCAC 03Q .0202 were withdrawn by the agency.

Wildlife Resources Commission

Both rules were unanimously approved.

Appraisal Board 21 NCAC 57A .0202 was unanimously approved.

Speech and Language Pathologists and Audiologists, Board of Examiners for The Commission objected to Rules 21 NCAC 64 .0206, .0219 and .0307 because the agency failed to comply with the Administrative Procedure Act, as it adopted the Rules before the close of the comment period.

The Commission also objected to Rule .0219 on the grounds of ambiguity. It is unclear in Paragraph (d) what the “requirements of the patient site” are.

The Commission additionally objected to Rule .0307 based upon ambiguity, as it is unclear what the Board meant to references to the “Article” in this context, and ambiguity regarding what will

constitute “inconsistent and in conflict .”

G.S 150B

- 19.1(h) RRC CERTIFICATION

Vice

- Chairman Currin presided over the review of the log of RRC Certification.

Department of Justice

The Commission certified that the agency adhered to the principles in G.S. 150B

- 19.1 for proposed

rules 12 NCAC 12 .0101, .0102, .0202, .0204, .0205, .0208, .0210, .0214, .0304, and .0501.

The Commission did not certify Rules 02I .0104, .0203, .0206, .0211, .0212, .0213 and .0306, finding the Department does not have the statutory authority for certain requirements proposed in the amended Rules, including sanctioning individuals or agencies for five years when the statute limits such sanctions to three years.

Trevor Allen, who is with the agency, addressed the Commission.

2014 STATE MEDICAL FACILITIES PLAN

The Commission found that the Department of Health and Human Services and the State Health Coordinating Council complied with G.S. 131E

- 176(25) in the adoption of the 2014 Plan.

### COMMISSION BUSINESS

The Commission discussed the adoption of Rule 26 NCAC 05 .02 11

, which sets forth the schedule the Commission will use in implementing the HB 74 rule review process. RRC Rule .0211 was proposed for a doption and publication in the NCR and is attached. The Commission approved publishing the rule for a 45 day comment period.

Vice

- Chairman Currin opened the meeting for a public hearing on the proposed adoption of Rules 26

NCAC 05 .0201

- .0210 at 11:00 a.m. Vice- Chairman Currin called on anyone present who wished to comment on or object to the adoption of 26 NCAC 05 .0201

- .0210 as they were noticed in the NC Register. Nadia Luhr from the NC Conservation Network, Brooks Rainey Pe a rson from the Southern Environmental Law Center, and Lacy Presnell from the Department of Environment and

Natural Resources made their comments before the Commission. Staff informed the Commission that it received four written comments before the meeting, and that the comments will become part of the rulemaking record. The period to receive comments will expire at 5:00 p.m., February 14,

2014 . The Commission may vote on the adoption of 26 NCAC 05 .0201

- .0210 at its regularly scheduled meeting in February

.

The public hearing portion of the meeting was closed at 1 1 :1 2 a.m.

The Commission’s Bylaws require that elections be held at the January meeting. The following

members were elected as officers :

Margaret Currin was elected Chairman.

Garth Dunklin was elected 1 st 

### Vice- Cha irman.

Stefanie Simpson was elected 2 nd 

### Vice- Chairman.

The Commission thanked Judge Walker for his service as Chairman.

The meeting adjourned at 11 :25 a .m.

A special meeting for the review of Temporary Rules is scheduled on Wednesday, January 29 th 

### , at

9:30 a.m.

The next regularly scheduled meeting of the Commission is Thursday

, February 20 th 

### at 10:00 a.m.

There is a digital recording of the entire meeting available from the Office of Administrative Hearings

/ Rules Division.

Respectfully Submitted,

________________________________ D ana Vojtko

Publications Coordinator

Minutes approved by the Rules Review Commission:

_________________________________ Margaret Currin

, Vice

- Chair26 NCAC 05 .0211 is proposed for adoption as follows:

TITLE 26

– OFFICE OF ADMINISTRATIVE HEARINGS

CHAPTER 05

– RULES REVIEW COMMISSION

SECTION .0200 PERIODIC REVIEW OF EXISTIN G RULES

26 NCAC 05 .0211 SCHEDULE

(a ) The Commission shall review the report prepared for the identified portion of the Administrative Code on the

month and year as set forth below:

July 2014 August 2014 September 2014 October 2014 November 2014

21 NCAC 23

21 NCAC 37

25 NCAC 01A

25 NCAC 01B

25 NCAC 01C

25 NCAC 02

03 NCAC 01 04 NCAC 24

21 NCAC 08

21 NCAC 52

24 NCAC 02 02 NCAC 57

04 NCAC 17

15A NCAC 01A

15A NCAC 01S

18 NCAC 03

18 NCAC 05

21 NCAC 01

21 NCAC 30

21 NCAC 4 2

21 NCAC 45 15A NCAC 02T

15A NCAC 02U

15A NCAC 01G

15A NCAC 02B

15A NCAC 02H 04 NCAC 14

11 NCAC 14

11 NCAC 18

11 NCAC 20

11 NCAC 21

11 NCAC 22

13 NCAC 08

13 NCAC 10

15A NCAC 12A

15A NCAC 12B

15A NCAC 12C

15A NCAC 12D

15A NCAC 12F

15A NCAC 12G

15A NCAC 12I

15A NCAC 12J

15A NCAC 12K

15A NCAC 01H

21 NCAC 20

21 NCAC 21

21 NCAC 28

21 NCAC 69

December 2014 January 2015 February 2015 March 2015 April 2015

10A NCAC 45

21 NCAC 02

21 NCAC 14

21 NCAC 62 02 NCAC 09B

02 NCAC 09C

02 NCAC 09D

02 NCAC 09E

02 NCAC 09F

02 NCAC 09G

02 NCAC 09H

02 NCAC 09J

02 NCAC 09K

02 NCAC 09M

02 NCAC 09N

02 NCAC 09O

02 NCAC 38

02 NCAC 43F 09 NCAC 03

09 NCAC 06

10A NCAC 97

15A NCAC 02S

21 NCAC 06 04 NCAC 08

10A NCAC 05

10A NCAC 09 10A NCAC 13L

10A NCAC 13M

10A NCAC 13O

10A NCAC 26A

10A NCAC 26B

10A NCAC 26D

15A NCAC 02R

15A NCAC 18D

21 NCAC 11

21 NCAC 3202 NCAC 51

02 NCAC 52A

02 NCAC 52K

02 NCAC 54

10A NCAC 13A

10A NCAC 13D

10A NCAC 13G

10A NCAC 14I

15A NCAC 01F
May 2015 June 2015 July 2015 August 2015 September 2015

07 NCAC 04

15A NCAC 08

15A NCAC 18D

17 NCAC 03

17 NCAC 06 04 NCAC 02R

10A NCAC 21

10A NCAC 22

21 NCAC 50

21 NCAC 61 02 NCAC 20B

02 NCAC 37

02 NCAC 42

02 NCAC 59A

02 NCAC 59B

02 NCAC 59C

02 NCAC 59E

02 NCAC 59F

02 NCAC 59G

02 NCAC 60A

02 NCAC 60B

15A NCAC 01I

15A NCAC 09

21 NCAC 60

21 NCAC 63 10A NCAC 13H

10A NCAC 70I

10A NCAC 70K

19A NCAC 01

19A NCAC 04

19A NCAC 05

19A NCAC 06 04 NCAC 15

10A NCAC 63

15A NCAC 18C

October 2015 November 2015 December 2015 January 2016 February 2016

10A NCAC 40

10A NCAC 47

11 NCAC 11

11 NCAC 19

18 NCAC 01

18 NCAC 04

18 NCAC 13

25 NCAC 01D

06 NCAC 01

06 NCAC 02

06 NCAC 03

06 NCAC 04 10A NCAC 14J

10A NCAC 46

10A NCAC 48

13 NCAC 15

13 NCAC 20

15A NCAC 12H 15A NCAC 02Q

15A NCAC 02D

15A NCAC 07B 01 NCAC 01

01 NCAC 03

01 NCAC 04

01 NCAC 25

01 NCAC 26

10A NCAC 13P

10A NCAC 26E

10A NCAC 26F

15A NCAC 04

21 NCAC 18

21 NCAC 29 10A NCAC 10

10A NCAC 89

13 NCAC 07

13 NCAC 12

March 2016 April 2016 May 2016 June 2016 July 2016

04 NCAC 01

10A NCAC 17

15A NCAC 01L

15A NCAC 01N

20 NCAC 01

20 NCAC 04

20 NCAC 07 10A NCAC 13J

10A NCAC 27A

10A NCAC 27B

10A NCAC 27D

11 NCAC 06

11 NCAC 13

16 NCAC 01

16 NCAC 02

16 NCAC 03

25 NCAC 01F 01 NCAC 05

10A NCAC 23

10A NCAC 25

21 NCAC 38

26 NCAC 01

26 NCAC 02

26 NCAC 03

26 NCAC 04 04 NCAC 02S

17 NCAC 01

17 NCAC 09

17 NCAC 10

17 NCAC 11

17 NCAC 12 19A NCAC 02

August 2016 September 2016 October 2016 November 2016 December 2016

10A NCAC 06

10A NCAC 67

10A NCAC 68

10A NCAC 69

10A NCAC 70A 12 NCAC 01

12 NCAC 02

12 NCAC 03

12 NCAC 04

12 NCAC 06 10A NCAC 39

10A NCAC 43C

10A NCAC 43E

10A NCAC 43G

10A NCAC 43H 10A NCAC 14F

15A NCAC 10F

15A NCAC 10H

20 NCAC 03

20 NCAC 08 01 NCAC 09

01 NCAC 15

01 NCAC 17

01 NCAC 19

01 NCAC 3510A NCAC 70B

10A NCAC 70C

10A NCAC 70D

10A NCAC 70E

10A NCAC 70F

10A NCAC 70G

10A NCAC 70H

10A NCAC 72 21 NCAC 12

21 NCAC 17

21 NCAC 22

21 NCAC 64

25 NCAC 01E

25 NCAC 01K

25 NCAC 01L

25 NCAC 01M

25 NCAC 01N

25 NCAC 01O 10A NCAC 43I

10A NCAC 43J

18 NCAC 06

18 NCAC 07

18 NCAC 10 20 NCAC 09

20 NCAC 10 08 NCAC 01

08 NCAC 02

08 NCAC 03

08 NCAC 04

08 NCAC 05

08 NCAC 06

08 NCAC 07

08 NCAC 08

08 NCAC 09

08 NCAC 10

08 NCAC 12

08 NCAC 13

11 NCAC 10

11 NCAC 16

14B NCAC 01

14B NCAC 02

14B NCAC 03

14B NCAC 04

14B NCAC 05

14B NCAC 06

14B NCAC 07

15A NCAC 02A

15A NCAC 02C

15A NCAC 02E
January 2017 February 2017 March 2017 April 2017 May 2017

02 NCAC 4 8 C

02 NCAC 4 8D

02 NCAC 4 8F

02 NCAC 52B

02 NCAC 52C

02 NCAC 52D

02 NCAC 52E

02 NCAC 52F

02 NCAC 52G

02 NCAC 52H

02 NCAC 52I

02 NCAC 59D

02 NCAC 59H

10A NCAC 27E

10A NCAC 27F

10A NCAC 27H

15A NCAC 05A

15A NCAC 05B

15A NCAC 05C

15A NCAC 05F

15A NCAC 05G 04 NCAC 06

10A NCAC 01

15A NCAC 01D

15A NCAC 01E

25 NCAC 01H

25 NCAC 01I

25 NCAC 01J 10A NCAC 71

21 NCAC 04

21 NCAC 31 10A NCAC 27I

10A NCAC 28A

13 NCAC 14

15A NCAC 01C

15A NCAC 13A

15A NCAC 13B

15A NCAC 13C 07 NCAC 01

07 NCAC 02

07 NCAC 03

07 NCAC 05

07 NCAC 06

07 NCAC 07

07 NCAC 08

07 NCAC 09

07 NCAC 10

07 NCAC 11

07 NCAC 12

10A NCAC 13B

12 NCAC 10

June 2017 July 2017 August 2017 September 2017 October 2017

04 NCAC 02T

17 NCAC 05

21 NCAC 25

21 NCAC 26 02 NCAC 29

02 NCAC 31

02 NCAC 39

02 NCAC 53

02 NCAC 58

02 NCAC 43A

02 NCAC 43B

02 NCAC 43C

02 NCAC 43D 04 NCAC 12

10A NCAC 70

10A NCAC 70J

10A NCAC 70L

10A NCAC 70M

10A NCAC 70N

10A NCAC 70O

12 NCAC 11

21 NCAC 57 04 NCAC 03

10A NCAC 43A

10A NCAC 43B

10A NCAC 43F 10A NCAC 13C

10A NCAC 42

10A NCAC 43D

10A NCAC 44

15A NCAC 02K

18 NCAC 02

18 NCAC 1202 NCAC 43E

02 NCAC 43G

02 NCAC 43L

02 NCAC 43M

21 NCAC 54

24 NCAC 01

24 NCAC 03

November 2017 December 2017 January 2018 February 2018 March 2018

01 NCAC 38

01 NCAC 39

01 NCAC 40

01 NCAC 43

01 NCAC 44

10A NCAC 14 A

10A NCAC 14G

10A NCAC 14H

11 NCAC 08

14B NCAC 08

14B NCAC 09

14B NCAC 10

14B NCAC 11

14B NCAC 12

14B NCAC 13

14B NCAC 14

21 NCAC 39 10A NCAC 41A

10A NCAC 41B

10A NCAC 41D

10A NCAC 41E

10A NCAC 41F

10A NCAC 41G

15A NCAC 03

15A NCAC 10B

15A NCAC 10C 10A NCAC 13F

10A NCAC 28B

10A NCAC 28C

15A NCAC 07A

15A NCAC 07H

15A NCAC 07I

15A NCAC 07J

15A NCAC 07K

15A NCAC 07L

15A NCAC 07M 04 NCAC 19

15A NCAC 02L

15A NCAC 02N

15A NCAC 02O

15A NCAC 02P 21 NCAC 58

21 NCAC 68

April 2018 May 2018 June 2018 July 2018 August 2018

10A NCAC 26C

10A NCAC 27C

10A NCAC 28D

10A NCAC 28E

11 NCAC 12

15A NCAC 22

15A NCAC 28

21 NCAC 19 01 NCAC 06

01 NCAC 30

13 NCAC 01

13 NCAC 04

13 NCAC 05

13 NCAC 06

13 NCAC 13

13 NCAC 16

13 NCAC 17

13 NCAC 18

13 NCAC 19

21 NCAC 33

21 NCAC 36 21 NCAC 07

21 NCAC 34

21 NCAC 46 19A NCAC 03 12 NCAC 07

20 NCAC 02

21 NCAC 4 8

21 NCAC 65

21 NCAC 66

September 2018 October 2018 November 2018 December 2018 January 2019

02 NCAC 09L

02 NCAC 34

04 NCAC 16 10A NCAC 13K

10A NCAC 41H

17 NCAC 04

18 NCAC 08

18 NCAC 11

21 NCAC 40 10A NCAC 14C

11 NCAC 05

11 NCAC 07

15A NCAC 18A 10A NCAC 41C

15A NCAC 01O

15A NCAC 18B

15A NCAC 18C

15A NCAC 27

15A NCAC 02G

15A NCAC 02I

15A NCAC 02J

15A NCAC 10A

15A NCAC 10D

15A NCAC 10E

15A NCAC 10G

15A NCAC 10I

15A NCAC 10J

15A NCAC 10K 02 NCAC 46

02 NCAC 48A .

02 NCAC 48B

02 NCAC 52J

02 NCAC 61

11 NCAC 01

11 NCAC 04

11 NCAC 17

15A NCAC 18A

, Sections .0100,

.0300

- .0900 and

.3400(b) The report shall be filed in accordance with Rule .0203 of this Chapter.

History Note: Authority G.S. 150B

- 21.3A. February 2019 March 2019 April 2019 May 2019 June 2019

04 NCAC 20

21 NCAC 03

21 NCAC 10

21 NCAC 16

21 NCAC 53

21 NCAC 56 12 NCAC 09

17 NCAC 07 15A NCAC 11

15A NCAC 14 04 NCAC 10

10A NCAC 27G 10A NCAC 14E

10A NCAC 28F

10A NCAC 28G

10A NCAC 28H

10A NCAC 28I

10A NCAC 29C

10A NCAC 29D